The Federal Circuit held a patent invalid under the 35 U.S.C. § 102(b) on-sale bar test of Pfaff because (1) the invention was ready for patenting, based on a declaration by the inventor that the invention was “reduced to practice,” and (2) the invention was the subject of a commercial sale, based on the fact that testers were invoiced for calls made during beta testing, prior to the critical date.
Results for commercial sale
Only an offer which rises to the level of a commercial offer for sale—one which the other party could make into a binding contract by simple acceptance—constitutes an offer for sale under 35 U.S.C. § 102(b); and the sale of patent rights to an invention does not constitute an offer for sale under Section 102(b) of the invention.